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HomeMy WebLinkAboutSkyline Farms AGREEMENT Th/s Agreement is entered into on the,~ day of October, 2003, by and between the Jeffersonville Municipal Sewage Utility by and through the Jeffersonville Board of Public Works & Safety (the "City"), and Skyline Farms Development, LLC, an Indiana limited liability company ("Developer"). RECITALS: Whareas~ the City has constructed a new sanitary sewer interceptor (known as the Pleasant Run sewer interceptor) extending from Utica-Sellersburg Road, in Clark County, Indiana~ to Salem-Noble Road, in Clark County Indiana; and · sanitary sewer collection lines installed by Whereas, Developer has requested a permit from the Oty to extend the comprising 21.598 acres Developer on the real property known and to be known and Skyline Acres Subdivision Section Il, in Clark County, Indiana (the "Property') to the Pleasant Run Sewer Interceptor; and Whereas, Developer agrees that the P}easant Run Sewer interceptor is of great benefit to Developer in that sewage utilities will be made available to the Properly at a substantial cost savings to Developer; and · Whereas, in consideration of the City's agreement to allow Developer to connect to the Pleasant Run sewer sewage trentment facility, Develope~ has agreed, pursuant to the provisions eriC 36-9-23-29; and interceptor and the City's · the and con ons subject to ' -" -art of thc t-ropeny; and o) retrnnnl~ ...... ~ ~ ~ obiect to, any future annexaUon or an or V defined below (the "Connection Fee"). the cost of constructing the Pleasant Run sewer interceptor, as consideration of the rautual promises contained herein, the City agrees that Developer is hereby Now, therefore, in authorized to connect the Property to the Pleasant Run sewer interceptor and the Developer agrees to .pay the Connection Fee, subject to the respective obligations of the parties as follows: Developer's Duties: A. Developer must pay the $10,799.00 connection fee on a per lot basis. For purposes of this Agreement, the parties agree that the total acreage comprising the property is 21,598 acres and the number of lots to be platted on the property is 71. Accordingly, the per lot Connection Fee shall be $t52.10 per lot (~e "Per Lot Connection Fee"). Each Per Lot Counectinn Fee shall be paid contemporaneously with~ and as a condition to, the issuance of a sewer permit for each respective lot in the subdivision comprising the Property. The Per Lot Connection Fee shall be in addition to any applicable sewer pern~t or sewer application fees promulgated by ordinance. B. The Connection fee does not create in Developer anY ownership interest in the Pleasant Run sewer interceptor, or any right to refunds for connections to the Pleasant Run sewer interceptor. C. Developer must construct, aud maintain for a period of one (1) year from the date of the City's acceptance, all sanitary sewer and storm drainage collection lines installed by Developer and located within the boundaries of the Property. · in connection with D. Developer shall execute a Verified Waiver of Right to Remonstrate Against Annexation Whispering Oaks SubdMsion, in form and substance substantmlly sunder to that set forth m Exhibit "B. The City's Duties. A. The City must bear all construction costs of the Pleasant Run sewer interceptor except to the extent Devetoper is required to (0 pay the Connection Fee under the terms of this Agreement, and (ii) construct the collection lines within the Property to the to the Pleasant Run sewer interceptor. B. The City shall allow Developer to tie its collection lines from the Property into said Pleasant Run sewer interceptor at no additional expense. C. The City will own the Pleasant Run sewer interceptor (.including all sewage collection lines installed bythe Developer, whether or not said lines are situated within the confines of the Property), and wilt operate, maintain and replace the sever lines when necessary, subject to Developer's one (1) year obligation to maintain the sewage collection lines installed by Developer. Miscellaneous: A. The laws of the State of Indiana shall govern this Agreement. This Agreement and all of the terms and provi~ons hereof shall survive the completion of construction of the Pleasant Run sewer interceptor and the Developer's construction of the collection lines serving the Property. B. The provisions ofthe Recitals of this Agreement are substantive and shall be included in any interpretation of the Agreement. C. The parties hereto represent that: 1) Developer owns the Property, 2) the parties are authorized to enter into this Agreement, 3)the execution of this Agreement is not prohibited by the organization~ documents or Indiana statutes geveming any party to this Agreement, 4) this Agreement is a valid and binding contract between the parties hereto, enforceable according to ~ts terms, and 4) the execunon of tins Agreement does not conflict with or violate the terms of any Agreement to which any party hereto is subject. D. To the extent allowed by law, the City hereby indemnifies and holds Developer harmless from and against all suits, claims, demands, and other costs and expenses, including reasonable attorneys fees resulting from uny allegations by any persons or entitles challenging the enforceability of this Agreement or the City's ability to enter into same. E. Nothing herein contained shall be deemed or construed as creating the relationship of principal and agent, parmership, or joint venture between the parties hereto. F. If any party to this Agreement defaults, the other parties shall be entitled to recover all attorneys' fees, costs and expenses reasonably incurred to enforce this Agreement. G. Any notice or other communication required or permitted to be given under this agreement shall be in writing and shall be mailed by certified mail, return receipt requested, postage prepaid, addressed to the parties at the following addresses: City: The City of Jeffersonville 4'" Floor; City-County Building Jeffersonville, IN 47130 Atm.: Anne Marie Cralhgan Developer: Skyline Farm~ Development, LLC P.O. Box 640 Jeffersonville, IN 47130 Arm_.: Alan G Conner All notices and other communications will be deemed received three (3) days after the date of mailing. A party's address for service of notices my be changed from time to time by gimg written notice of the party's new address to the other parties. This Agreement shall be valid and binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. DEVELOPER SKYLINE FARMS DEVELOMENT~ LLC, an Indiana Limited Liability Company. CITY OF JEFFERSONVILLE lli APPROVED BY THE CITY OF }EFFEKSONVILLI~ "SANITARY SEWER BOARD Member ! EXHIBIT "A" LEGAL DESCRIPTION Being a part of Survey #91 of the Illinois Grant to Clark County, Indiana and being further described as follows: Thence S 54°59'17'' W~ 726.34 feet; Thence S 89029'45" W, 219.96 feet; Thence S 0 30 15 E.. 63.66 feet; Thence S 89029.45" W, 137.65 feet; Thence 37.46 feet alongthe arc ora 225.00 foot radius curve to the left (concave westerly), being.subtended bya chord bearingN 3°31'25'' E, 37.46 feet; Thence S 83029'57'' W, 329.63 feet; Thence N 6030'03'' W~ i01.45 feet; Thence N 30011'25'' W, 252.43 feet; Thence N 43004'46'' W, 88.01 feet; Thence N 47°59'55" E, 142.41 feet; 'Thence 2L39 feet along the arc ora 475.00 foot radius curve to th~ right (cencex~ southwesterly), beingsubtended by a chord bearing S 40042'40'' E, 21.39 feet; Thence N 47°44'05" E, 446.25 feet; Thence N 54o25'27" E, 680.01 feet to the line dividing Surveys 91 and 92 ia Salem-Noble Road; Thence S 35°00'43'' E, alongsaid dividing line, 823.69 feet to the TRUE PLACE OF BEGINNING. Containing 21.598 acres,, and being subject to all legal highways and easements of record.